[Federal Register Volume 72, Number 69 (Wednesday, April 11, 2007)]
[Proposed Rules]
[Pages 18192-18193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6789]


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DEPARTMENT OF THE INTERIOR

National Park Service

43 CFR Part 10


Consultation On Regulations Regarding The Disposition Of 
Unclaimed Native American Human Remains, Funerary Objects, Sacred 
Objects, Or Objects Of Cultural Patrimony Excavated Or Discovered On 
Federal Or Tribal Lands After November 16, 1990, Pursuant To Provisions 
Of The Native American Graves Protection And Repatriation Act (NAGPRA)

AGENCY: National Park Service, Interior.

ACTION: Notice of consultation.

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SUMMARY: This notice of consultation announces three consultation 
meetings that will be held to obtain oral and written recommendations 
on regulations to be drafted regarding the disposition of unclaimed 
Native American human remains, funerary objects, sacred objects, or 
objects of cultural patrimony that are excavated or discovered on 
Federal or tribal lands after November 16, 1990.

DATES: The three consultation meetings are scheduled for April 18-20, 
2007:
    1. Tribal consultation: April 18, 2007, 8:30 a.m. to noon, U.S. 
Department of the Interior, South Building Auditorium, 1951 
Constitution Avenue NW, Washington, DC 20245. Authorized 
representatives of Indian tribes and Native Hawaiian organizations and 
traditional Native American religious leaders are invited to 
participate in this meeting. Tribal representatives wishing to make a 
public presentation at this session should submit a request to do so by 
April 13, 2007, including evidence that you are authorized to speak on 
behalf of an Indian tribe or Native Hawaiian organization.
    2. Museum consultation: April 18, 2007, 1 p.m. to 4:30 p.m., U.S. 
Department of the Interior, South Building Auditorium, 1951 
Constitution Avenue NW., Washington, DC 20245. Authorized 
representatives of museums and national museum and scientific 
organizations are invited to participate in this meeting. Museum 
representatives wishing to make a public presentation at this session 
should submit a request to do so by April 13, 2007, including evidence 
that you are authorized to speak on behalf of a museum or national 
museum or scientific organization.
    3. Review Committee consultation: April 19-20, 2007, Sidney R. 
Yates Auditorium, Main Interior Building, 1849 C Street NW., 
Washington, DC 20240. Time will be scheduled during the Review 
Committee meeting for members of the public to provide oral and written 
recommendations. Members of the public wishing to make a public 
presentation at the Review Committee meeting should submit a request to 
do so by April 13, 2007.
    Requests to make presentations at any of the sessions should be 
faxed to (202) 371-5197 by April 13, 2007. Written comments should be 
postmarked or faxed to Sherry Hutt as indicated under ADDRESSES no 
later than May 1, 2007.

ADDRESSES: Written comments may be mailed to Sherry Hutt, Manager, 
National NAGPRA Program, National Park Service, 1849 C Street NW, 
Washington, DC 20240. Comments may also be faxed to Sherry Hutt at 
(202) 371-5197.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment - including your personal identifying 
information - may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    The consultation sessions with Indian tribes, Native Hawaiian 
organizations, traditional Native American religious leaders, museums 
and national museum and scientific organizations on April 18, 2007 will 
be held at U.S. Department of the Interior, South Building Auditorium, 
1951 Constitution Avenue NW, Washington, DC 20245. The consultation 
session with the Native American Graves Protection and Repatriation 
Review Committee on April 19-20, 2007 will be held at the Sidney R. 
Yates Auditorium, Main Interior Building, 1849 C Street NW., 
Washington, DC 20240. All individuals attending the consultation 
sessions will be required to present photo identification to security 
officers to gain access to the U.S. Department of the Interior 
buildings.

FOR FURTHER INFORMATION CONTACT: Sherry Hutt, Manager, National NAGPRA 
Program, National Park Service, 1849 C Street NW., Washington, DC 
20240, telephone: (202) 354-1479.

SUPPLEMENTARY INFORMATION: The purpose of the consultation meetings is 
to provide Native American organizations, museums and the scientific 
community, and the Native American Graves Protection and Repatriation 
Review Committee with an opportunity to consult on forthcoming 
regulations regarding the disposition of unclaimed Native American 
human remains, funerary objects, sacred objects, or objects of cultural 
patrimony excavated or discovered on Federal or tribal lands after 
November 16, 1990.
    The April 18, 2007, 8:30 a.m to noon consultation meeting supports 
the Secretary of the Interior's administrative policy on tribal 
consultation by encouraging maximum direct participation of 
representatives of tribal governments on important Departmental issues 
and processes.
    The April 18, 2007, 1 p.m. to 4:30 p.m. consultation meeting 
supports the Secretary of the Interior's responsibility to consult with 
museums and the

[[Page 18193]]

scientific community in the development of these regulations.
    The April 19-20, 2007 consultation meeting supports the Secretary 
of the Interior's responsibility to consult with the Review Committee 
regarding the development of regulations.
    The Native American Graves Protection and Repatriation Act provides 
criteria for determining the ownership of Native American cultural 
items that are excavated or discovered on Federal or tribal lands after 
November 16, 1990 [25 U.S.C. 3002 (a)]. Ownership or control of such 
items is, with priority given in the order listed:
    (1) In the case of human remains and associated funerary objects, 
in the lineal descendant of the deceased individual;
    (2) In cases where the lineal descendant cannot be ascertained or 
no claim is made, and with respect to unassociated funerary objects, 
sacred objects, and objects of cultural patrimony:
    (i) In the Indian tribe on whose tribal land the human remains, 
funerary objects, sacred objects, or objects of cultural patrimony were 
discovered inadvertently;
    (ii) In the Indian tribe or Native Hawaiian organization that has 
the closest cultural affiliation with the human remains, funerary 
objects, sacred objects, or objects of cultural patrimony;
    (iii) In circumstances in which the cultural affiliation of the 
human remains, funerary objects, sacred objects, or objects of cultural 
patrimony cannot be ascertained and the objects were discovered 
inadvertently on Federal land that is recognized by a final judgment of 
the Indian Claims Commission or the United States Court of Claims as 
the aboriginal land of an Indian tribe:
    (A) In the Indian tribe aboriginally occupying the Federal land on 
which the human remains, funerary objects, sacred objects, or objects 
of cultural patrimony were discovered, or
    (B) If it can be shown that a different Indian tribe or Native 
Hawaiian organization has a stronger cultural relationship with the 
human remains, funerary objects, sacred objects, or objects of cultural 
patrimony, in the Indian tribe or Native Hawaiian organization that has 
the strongest demonstrated relationship with the objects [43 CFR 10.6 
(a)].
    The Act directs that Native American cultural items not claimed 
under subsection (a) shall be disposed of in accordance with 
regulations promulgated by the Secretary of the Interior in 
consultation with the Review Committee, Native American groups, 
representatives of museums, and the scientific community [25 U.S.C. 
3002 (b)]. One section of the regulations was reserved for procedures 
to effect the disposition of Native American cultural items that are 
not claimed [43 CFR 10.7].
    Participants in the consultation meetings are requested to comment 
on the following issues:
    (1) How should the regulations address distinctions between:
    (a) human remains, funerary objects, sacred objects, or objects of 
cultural patrimony remaining in Federal care for which ownership or 
control is with a lineal descendant or an Indian tribe or Native 
Hawaiian organization on whose lands the cultural items were 
discovered?
    (b) human remains, funerary objects, sacred objects, or objects of 
cultural patrimony remaining in Federal care for which an Indian tribe 
or Native Hawaiian organization has stated a claim based on cultural 
affiliation, aboriginal land, or cultural relationship?
    (c) human remains, funerary objects, sacred objects, or objects of 
cultural patrimony remaining in Federal care for which a non-federally 
recognized Indian group has stated a claim based on a relationship of 
shared group identity?
    (d) human remains and associated funerary objects remaining in 
Federal care for which no claim has been made?
    (2)Do current regulations regarding the curation of Federally-owned 
and administered archaeological collections [36 CFR 79] adequately 
address the management, preservation, and use of human remains, 
funerary objects, sacred objects, or objects of cultural patrimony 
remaining in Federal care?

    Dated: April 5, 2007.
Sherry Hutt,
Manager, National NAGPRA Program.
[FR Doc. E7-6789 Filed 4-10-07; 8:45 am]
BILLING CODE 4312-50-S